MANOJ KUMAR Vs. STATE OF M P

JUDGEMENT

(1.) This appeal is directed against the judgment dated 13th of December, 1994 passed in Session Trial No. 86/ 92 by the 7th Additional Session Judge, Bilaspur. By the impugned judgment, the appellants have been convicted under Section 307/ 34 IPC and sentenced to undergo R.I. for 7 years.

(2.) The facts, briefly stated, are as under: Complainant-Ramesh Chandra Yadav (PW3) was a driver. On 26.6.91 at about 9.00 p.m., he had gone to meet one Baba Rao near Satyam Talkies, Bilaspur. He was on his Yamaha Motorcycle bearing registration No.MP-26-3441. When he was returning from Satyam Talkies, the two assailants meet him on the way and asked for lift on his motorcycle. He gave them lift. After sometime, one of the assailant pointed revolver near his ear and asked him to take a different way. As soon as the motorcycle reached near Civil Lines Police Station, the complainant turned the motorcycle towards police station, on which, the assailants jumped from the motorcycle and one of them, who was holding revolver, fired upon the complainant which caused gun shot injury on his back. The complainant went to the police station in injured condition and lodged the report (F.I.R. Ex.P3). By that time A.S.I. Larang Ram (PW11) immediately rushed behind the assailants and he snatched the revolver from them, during which one of the assailants assaulted him by knife, I lowever, they succeeded to run away from the place where they had assaulted A.S.I. Larang Ram which was at some distance from the police station. Injured Ramesh Chandra Yadav (PW3) was sent for his medical examination. He was examined by Dr. S.S. Bhatia (PW12). He noticed that there was a gun shot injury in between both the scapula at the level of D7 having size of 1/4 cm x 1/4 cm. Skin bums were easily seen around the injury which were in area of 2 cm x 2 cm. He advised X-ray examination of the injury. His report is Ex.P14. X-ray examination was conducted by Dr. C.S. Shanna (PW2). He found a bullet like material penetrated deep into muscles near 3rd vertebrae. X-ray report is Ex.P1. The injured was immediately hospitalized and surgery was conducted by Dr. R.A. Sharma (PW6). He took out the bullet from the body of the complainant. He also gave a report Ex.P4. The complainant remained in the hospital from 26.6.91 to 14.7.91. The appellants were taken into custody and were put for identification by complainant-Ramesh Chandra Yadav (PW3) who duly identified them in Test Identification parade (T.I.P.) held on 28.9.91. The T.I.P. memo is Ex.P5. T.I.P. was conducted by Executive Magistrate, Arjun Singh Sisodiya (PW9) in Central Jail, Bilaspur. The revolver was seized from the possession of A.S.I. Larang Ram (PW11) vide seizure memo Ex.P9. One empty cartridge was also seized from the place of occurrence vide seizure memo Ex. P8. The revolver was sent for its examination to Armourer Shankar Prasad (PW5) who found that it was a country made revolver of 38 boar and was in running condition and live cartridge in the revolver and the empty cartridge could have been fired by said revolver. The Armourer report is Ex.P6.

(3.) The case of the prosecution was based on identification of the appellants. The Session Judge held that appellant Ramakant was holding the revolver. He gave a gun shot to the victim/complainant and appellant Manoj Kumar shared common intention with appellant Ramakant, therefore, both were liable for punishment under Section 307/34 IPC. However Ramakant was acquitted for the charges framed under Section 25 of the Arms Act for want of necessary sanction.